HomeMy WebLinkAboutResolution 5948CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO, 5 948
A RESOLUTION APPROVING THE
GENERAL CONCEPT PLAN
FOR PROPERTY LOCATED AT
875 WAYZATA BOULEVARD WEST
FILE NO. 10-3472
WHEREAS, Mike Schraad of Welsh Companies, LLC, on behalf of Welsh Orono
Senior Housing, LLC (hereinafter the "Developer") has an interest in the Property located at 875
Wayzata Boulevard West within the City of Orono (hereinafter the "City") and legally described
as follows:
EXHIBIT A, ATTACHED
hereinafter the "Property"); and
WHEREAS, the property is located in the Highway 12 Corridor Study Area for
which the City has established special requirements for rezoning and development per
Municipal Code Sections 78-1061 through 78-1067; and
WHEREAS, the City of Orono Highway 12 PUD ordinance (Municipal Code
Chapter 78, Articles VI and VII) requires a multiple step approval process for properties
developing as part of a PUD; the General Concept Plan approval stage is the first step in the
process followed by the Master Development Plan approval stage; and
WHEREAS, the proposed residential use of the Property is consistent with the
2000-2020 Comprehensive Plan amendment, approved in 2009, which re -guided the Property
from Low Density residential (1 unit per 2 acres), for High Density residential (up to 10 units per
acre) and is also consistent with the density provisions of the 2010-2030 Comprehensive Plan
update which would allow up to 15 units per developable acre; and
WHEREAS, the 2009 Comprehensive Plan amendment and 2010-2030 update
also limited structural coverage of the Property to a maximum of 20,000 square feet. The
Developer is requesting an amendment of the 2010-2030 Comprehensive Plan to allow a
maximum of 30,000 square feet of structural coverage; and
WHEREAS, on May 19, 2010, the Developer requested General Concept Plan
Approval with a concurrent rezoning from RR -1B Single Family Rural Residential District to
RPUD Residential Planned Unit Development District, and RPUD conditional use permit for an
assisted living facility; and
WHEREAS, after due published and mailed notice in accordance with Minnesota
Statutes 462. 358 et. seq, and the City of Orono Zoning Code, the Orono Planning Commission
held a public hearing for the 2010-2030 Comprehensive Plan amendment, rezoning and
General Concept Plan application and reviewed it on June 21, 2010, at which time all persons
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
N O . A
desiring to be heard concerning this application were given the opportunity to speak thereon;
and
WHEREAS, the Planning Commission on June 21, 2010 recommended on a
vote of 5-0 that the Council grant rezoning to RPUD Residential Planned Unit Development
District and grant general concept plan approval subject to review by the City Engineer and City
Fire Marshal, and subject to final Met Council approval of the 2010-2030 Comprehensive Plan
Amendment; and
WHEREAS, the Orono City Council makes the following findings in regard to this
application for comprehensive plan amendment, rezoning and RPUD General Concept Plan
approval:
FINDINGS
A. Community Mana ement Plan Conformi • Rezoning
1. This application was reviewed as Zoning File #10-3472.
2. The property is located in the RR -1 B Single Family Rural Residential District, requiring a
minimum lot size of 2.0 acres. The properly consists of approximately 10.36 acres;
approximately 3.8 acres is wetland resulting in a net dry -buildable area of 6.4 acres.
3. The development plans include construction of a private road, a parking lot and a 55 -unit
building. This proposal is consistent with the 2009 amendment of the 2000-2020
Comprehensive Plan which re -guided the site to allow residential development at an
urban density of up to 10 units per buildable acre, and with the 2010-2030
Comprehensive Plan update which allows a density of up to 15 units per acre.
4. The Developer has proposed to construct 27,465 square feet of structure (25,814 square
foot building + 1,571 square foot entrance canopy + 80 square foot trash enclosure)
where the 2009 amendment to the 2000-2020 Comprehensive Plan and 2010-2030
update permitted a maximum of 20,000 square feet. The proposed square footage
results in only 9.6% of the buildable area and 6% of the site overall. To allow for
flexibility, the Council finds that increasing the allowed footprint for this issue to 30,000
square feet will not result in any conflicts with the City's goal of keeping development at
this site low -profile and blending with the natural surroundings of the site.
5. Rezoning of the property from RR -11B to RPUD is appropriate based on the location of
the site between two major highway corridors with no abutting local roads. The
remoteness of the site from other residential neighborhoods coupled with the direct
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CITY of ORONO
RESOLUTION OF TH 9T V OUNCIL
NO.
access to the Luce line Trail and Wayzata Boulevard makes the site suitable for
development of the proposed senior assisted living housing facility.
6. The proposed 55 -unit facility on 6.4 acres would provide a housing option not readily
available. in Orono, advancing Orono's housing goal of providing lifecycle housing
options.
7 The project is subject to the requirements of Municipal Code Chapter 78, Article XII
regarding Conservation Design. A key element in this development proposal its the
retention and enhancement of natural buffers that will limit the visual impact of the
building as viewed from Wayzata Boulevard and Highway 12. The proposed
development has incorporated a "ground hugging" building and road design that takes
advantage of the existing topography, providing for a low-profiie, 2 -story residential
appearance, and using the existing driveway corridor and Highway 12 access point to
minimize removals of existing trees and limit reduction of existing vegetative screening,
thus limiting the visibility of the dwelling units from Highway 12 and projecting a rural
character as viewed from Wayzata Boulevard. In addition, the 7' shape of the building
limits its visual mass as compared to a linear building of the same footprint.
8. Rezoning the Property to RPUD Residential Planned Unit Development is appropriate
based on the proposed density and nature of the proposal, which meets the following
general purposes of the RPUD District:
a) incorporates flexibility in land development and redevelopment in order to utilize new
techniques of building design, construction and land development;
b) incorporates energy conservation through the use of compact building design;
c) preserves desirable site characteristics and open space and protects sensitive
environmental features, including sensitive wetland areas;
d) provides design compatible with surrounding land uses, including both existing and
planned;
e) yields development which is consistent with the Comprehensive Plan.
B. Site Planning & Amenities
The property contains approximately 3.8 acres of wetland. The proposed building
location abuts the 20' structure setback from the required wetland buffers, leaving a 20'
deep rear yard that is able to be manicured.
2. There are two wetland basins on the Property. The wetland areas will be subject to the
standard Permanent Flowage and Conservation Easement and Restrictive Covenant for
Wetland and Wetland Buffer, and will be required to have wetland buffer markers installed.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
f .,
Wetlands on the property are concurrently subject to the jurisdiction of the Minnehaha Creek
Watershed District.
3. Stormwater management will be provided by rain gardens and stormwater ponds, In
addition to the City of Orono, the Minnehaha Creek Watershed District has approval
authority over the stormwater management plan. The development will be subject to the
standard Storm Water & Drainage Trunk Fee.
4. Vehicular access to the property will be via the existing drive, entering from Wayzata
Boulevard at the southeast corner of the property. The City Council has concluded that
a private street.of rural section 24' in paved width should be provided, which will provide
adequate emergency vehicle and delivery vehicle access.
5. Visitor and employee parking for the property will be provided in a 53 stall surface
parking lot. The Council finds that for the proposed assisted living use this ratio of
approximately one stall per unit should be sufficient to serve the intended use.
6. The Property abuts the MnDNR's Luce Line Trail. The proposed building will be located
at least 60 feet from the Trail right-of-way. There is no proposed pedestrian connection
from the Property to the Luce Line Trail.
T The Property is within the MUSA. Sewer and water service to serve the Property will be
from the City of Wayzata via sewer and water mains that have been extended to the
property boundary. Construction and maintenance of a non -clog sewer lift station to
serve the property is the responsibility of the developer.
8. The applicant has provided preliminary site plans, grading plans, landscaping plans,
utility plans and building construction plans which the Council finds are sufficient to
indicate the intent of the developer and the potential impacts of the project.
9. The proposed development generally meets the RPUD standards for multifamily
residential development [Section 78-626(7)],
10. With over 5 acres of usable open space on the Property, the private recreation area of
10% of the platted property' required under the RPUD standards will be sufficiently met.
11- The City Council finds that the park dedication for this development should be in the
form of a Cash Contribution in Lieu of Lands as allowed by the Municipal Code.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
12. The appiicant has provided the following Plan Sheets and Building Plans and Elevations
dated 05-19-2010, attached to this Resolution as Exhibit B including:
Sheet A-1.0: First Floor Plan
Sheet A-2.0: Second Floor Plan
Sheet A-3. 0: Exterior Elevations
Sheet C1.1: Existing Conditions & Conceptual Demolition Plan
Sheet C2.1: Conceptual Site Plan
Sheet C3.1: Conceptual Grading Plan
Sheet L2.1: Conceptual Landscape Plan
The City Council finds that the plans submitted are generally sufficient to indicate the
intent of the developer and the potential impacts of the project.
13. The City Council finds that the proposed rezoning and proposed development of the
Property for assisted living use is appropriate for the property, will not have negative
impacts on the surrounding properties when all Concept Plan Approval conditions are
met, and is in keeping with the goals, policies and philosophies of the City.
CONCLUSIONS, ORDER AND CONDITIONS
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Orono hereby approves the General Concept Plan for development of the Property for a single,
multifamily senior assisted living residential building, subject to the following declarations and
conditions:
I. The City of Orono will formally adopt a resolution approving an amendment of the Orono
Comprehensive Plan to allow for the proposed uses upon City Council finding of
satisfactory completion of the Conditions for General Development Plan and Final Plat
Approval.
2. The City of Orono will approve rezoning of the property to RPUD as described herein
upon City Council finding of satisfactory completion of the Conditions for Master
Development Plan approval.
3. The City of Orono will approve the granting of a conditional use permit for the assisted
living facility use as described herein upon City Council finding;
a) The proposed use is consistent with the Community Management Plan;
b) The proposed use is compliant with the zoning code, including any conditions
imposed on specific uses as required by Article V, Division 3 of the City Code;
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 4 8
c) The property is able to be adequately served by police, fire, roads, and
stormwater management;
d) The property is provided with an adequate water supply and sewage disposal
system;
e) The proposed use is not expected to generate excessive. demand for public
services at public cost;
f) The proposed use is compatible with the surrounding area as used both
presently and as it is ,planned to be used in the future;
g) The proposed use is consistent with the character of the surrounding area,
unless a change of character is called for in the Community Management Plan;
h) The proposed use is compatibie with the character of buildings and site
improvements in the surrounding area, unless a change of character is called for
in the Community Management Plan;
i) The proposed use is not expected to substantially impair the use and enjoyment
of the property in the area or have a materially adverse impact on the property
values in the area when compared to the impairment or impact of generally
permitted uses;
j) The proposed use is provided with screening and buffering adequate to mitigate
undesirable views and activities likely to disturb surrounding uses;
k) The proposed use will not create a nuisance which generates smoke, noise,
glare, vibration, odors, fumes, dust, electrical interference, general unsightliness,
or other means;
1) The proposed use will not cause excessive non-residential traffic on residential
streets, parking needs that cause an inconvenience to adjoining properties; traffic
congestion, or unsafe access;
m) The site is designed to take into account the natural, scenic, and historic features
of the area and to minimize environmental impact;
n) All exterior lighting shall be so directed so as not to cast glare toward or onto the
public right-of-way or neighboring residential uses or districts; and
o) The proposed use is not detrimental to the public health, public safety, or general
welfare.
4. Conditions for Master Development Pian approval are as follows:
A. RPUD Development Standards and General Conditions.
1) Developer shall provide a final Master Development Plan for the development
that conforms to all standards of the RPUD District except as modified herein,
and shall demonstrate to the satisfaction of the City Council that all RPUD
standards have been met and shall demonstrate where such standards have not
been met, and shall satisfy the City Council that non-compliance with said
standards is remedied in a manner acceptable to the Council.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
2) The applicable general engineering comments and or conditions provided by the
City Engineer during the review process shall be suitably addressed by the
Developer in the development plan submittals.
B. Plans and Specifications. The following plans and specifications shall be submitted
for review and approval by the City and other appropriate jurisdictions:
1) Private road construction plans. A geotechnical evaluation of the soil shall be
done in conjunction with the pavement design and shall be submitted to the City
Engineer for approval.
2) Final plans and specifications for all proposed utility lines and services, including
any proposed revisions to existing service facilities. Proposed plans shall be
provided to the City for final review and approval with the Final Pian set. The
Public Works Department (and MNDOT or Hennepin County if facilities are within
MNDOT or Hennepin County right-of-way) shall review and approve all utility
improvements. Final sanitary sewer and water connection plans shall be subject
to approval by the Orono Public Works Department and the City of Wayzata.
3) Final grading, drainage and erosion control plans showing existing and proposed
contours, building locations, elevations, stormwater facilities and calculations,
utilities and erosion control measures to be used during construction. Master
Development Plan approval will not be granted until the Minnehaha Creek
Watershed District has approved the stormwater plans.
4) Engineering design and details for any proposed retaining walls over 4 feet in
height.
6) Final landscaping design plan with planting schedules including numbers and
species, in accordance with the landscaping requirements of the RPUD zoning
district.
6) Final Conservation Design implementation plan.
7) Final conceptual building construction plans detailing roofing and siding
materials, colors, etc. to the extent known. A materials board shall be provided.
8) Detailed monument signage and street lighting plan, if any.
9) Any additional plans and specifications deemed necessary by the City as review
progresses.
Page 7 of 11
C. Private Road Standards.
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. X948
1) The new road serving the development shall be constructed as a private road.
The road shall have a rural design, and shall have a paved width of 24'.
2) Appropriate street, traffic and parking signage including required stop signs
within the parking lots and loading areas to ensure safe parking areas and
pedestrian crossing within the development shall be installed by the Developer
subject to review and approval by Orono staff and City Engineer.
3) A monument sign may be provided by the Developer at the entrance to the site.
The signage shall be limited to the facility name, address and/or logo on the
monument sign. Final design/materials of monument signage shall be subject to
the requirements in City Code 78-1466(11) and approval by the City Council,
D. Utilities; Stormwater Management
1) Sanitary sewer and municipal water connections shall be installed by the
Developer per plans subject to approval by the City Engineer. The City will
inspect these systems during their construction to ensure proper installation.
2) Developer shall provide suitable evidence of Minnehaha Creek Watershed
District (MCWD) approval of the stormwater management plan before
Development Plan Approval will be granted. The stormwater drainage system will
be owned and maintained by the Developer.
E. Wetland Impacts
1) Developer shall demonstrate to the satisfaction of the City Council that all
requirements of the Minnehaha Creek Watershed District as administrator of the
WCA regulations on Orono's behalf are met.
2) Developer will conform to Orono's wetland, wetland buffer and buffer setback
requirements within Municipal Code, Chapter 79, Article X1 Wetlands Protection.
Any proposed wetland and wetland buffer impacts shall be mitigated according to
the requirements of the applicable codes and laws.
F. Grading, Erosion Control
1) Erosion control shall adhere to Orono Municipal Code, Chapter 79 regarding
Construction Site Runoff. All erosion controls as required by the City and the
MCWD shall be in place prior to commencing excavation on the site. All such
Page 8 of 11
CITYof ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 948
erosion control measures shall be maintained in working order until the site is re -
vegetated.
2) The construction limits shall be clearly marked with adequate fencing to prevent
any construction damage or disturbance of any trees and vegetation outside of
the construction limits area. Developer shall identify trees to be preserved on
site, shall mark them on a site plan, and shall take extraordinary measures such
as fencing, signage, etc. to ensure they are not disturbed. Developer must strive
to maintain perimeter vegetation along Wayzata Boulevard and Highway 12 to
the greatest extent possible.
G. Landscaping. Developer shall provide a landscaping plan meeting all of the
requirements of the RPUD District and the Conservation Design code requirements
to the satisfaction of the City Council. All landscaping shall conform to the standards
established by City ordinance for the RPUD district
H. Development Agreement. Development Approval is contingent upon the
successful execution of a Development Agreement between the applicant and the
City. Such Agreement shall address all specific City requirements for the
development.
I. Financial Guarantee. The Development Agreement shall include a financial
guarantee by the applicant to ensure the completion of site improvements. The City
Engineer shall complete an estimate of improvement costs, including but not limited
to private roads, curb & gutter where required, landscaping, grading, erosion control,
utilities, wetland and wetland buffers, conservation design requirements and
stormwater management facility construction, and the applicant shall provide .to the
City a financial guarantee of 150% of the improvement costs.
J. Storm Water and Drainage Trunk Fee. The standard Storm Water and Drainage
Trunk Fee for residential development shall be paid by the developer per the 2010
City Fee Schedule, based on the rate for multifamily residential greater than 4 units
per acre (10.63 gross acres @ $7,000 per acre) _ $72,520.
K. Park Dedication. The Developer shall pay the standard park dedication fee in lieu of
land dedication based on the value of 8% of the land with a minimum residential park
fee of $3250 per dwelling unit. Assuming the estimated market value of $1,276,000
from Hennepin County tax records, the minimum fee would apply. Applying the
minimum residential park fee, and removing the memory care units, would result in a
park fee of $3250 x 35 units = $113,750.
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0 0
CITY of ORONO
ti RESOLUTION OF THE CITY COUNCIL
kEgKO'¢
G
NO.`
L. Sewer and Water Connection Charges. There are no City of Orono sewer and
water connection charges due because the property has been assessed for sewer
and water installation. However, the Developer shall be responsible for connection
charges imposed on the City of Orono or on the Developer by the City of Wayzata for
connection to their systems. MCES Sewer Availability Charges will be collected with
the building permit for the property.
M. Legal Documents Required. The following list of final submittals must be submitted
to the Planning Coordinator four weeks prior to the regularly scheduled Council
meeting on the second and fourth Mondays of the month. These submittals are as
follows:
1) Legal documents required:
A. Title opinion addressed to the City or a title insurance policy in favor of
the City, All owners, mortgage holders or others with property interest
indicated therein shall sign the approval resolution and all other
documents affected by such interest.
B. The applicant must provide certified copies of all recorded easements
currently affecting the property.
C. Signed Permanent Flowage and Conservation Easement and Restrictive
Covenant for Wetland and Wetland Buffer,
D. Signed Road, Drainage and Utility Easement over Outlot A.
E. Signed Developers Agreement and Letter of Credit for construction of
improvements. The City Engineer shall establish the amount to be
provided in the Letter of Credit.
F. Construction and Professional Services Escrow in the amount to be
determined based on Final Plans.
2) Fees to be paid. Total due: $186,000
A. Storm Water & Drainage Trunk Fee = $72,250.00
B. Park Dedication Fee = $143,750.00
Page 10 of 11
RESOLUTION OF THE CITY COUNCIL
3d8
NO.
5. This Concept Plan Approval is based upon the known issues that may affect this project,
but this approval does not limit the City from revising or amending these conditions as
the review process continues.
6. This Concept Plan Approval resolution approves the development concept subject to the
Developer meeting the requirements of this resolution and all other requirements of the
City. This resolution does not constitute approval of the rezoning. Such approval shall
only be considered when the City Council finds that all "Conditions for Master Plan
Approval' as identified herein have been met.
7 This Concept Plan Approval shall be effective until July 12, 2011. If a complete
application for Master Development Plan Approval has not been made by that date, the
terms and conditions of this resolution shall be null and void. The City Council at its sole
discretion may extend this effective period.
8. The undersigned Developer has read and reviewed this document.
Adopted by the Orono City Council on this 12th day of July, 2010.
ATTEST:
Linda S. Vee, City Clerk ames M. White, Mayor
Developer
tv
STATE OF MINNESOTA
COUNTY OF HENNEPIN
On this day f 20"10, , its
personally appeared before me on
behalf of
Notary Public
Page 11 of 11
MSCWTION EXHISIT-A
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AT PJGHT ANGLES FROM THE SOUTH LINE OF SECTION 35; THENCE WESTERLY PARALLEL WITH AND DISTANT 385 FEET; MEASURE=D AT PJGHT ANGLES FROM TH& SOUTH LM OF SAID SECTION 35, A DISTANCE OF IOILO5 FEET TO THE POUVT OF 6EGINNNG. COUNTY THEREFROM THAT PART OF THE ,ABOVE DESCRIBED PROPERTY AS LS GONTAk,ED iN DOCUMENT NO. 3964258 HENNEpINCOUNTYRECQRDER'g QFFICE.
PARCEL 2.
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